Planning Law Update 2024

Having been held for 16 years, Holmes & Hills' annual Planning Law Updates have become a cornerstone for planning professionals and agents in East Anglia. Navigating the complex and rapidly evolving planning law landscape, this year’s 2024 series set a new benchmark, attracting record attendance across six in-person sessions in Essex and Suffolk. With over 400 delegates, including representatives from Local Planning Authorities (LPAs), Planning Agents, residential and commercial property developers, surveyors, architects, and legal consultants, the seminar series solidified its place as a “must attend” event for the region's planning community.

In 2024, the Planning Law Department once again covered a multitude of matters in the 75-minute seminar, namely:

Biodiversity Net Gain (BNG) – Strategic and practical considerations

Jo Lilliott, Senior Solicitor, provided a timely update on Biodiversity Net Gain (BNG). Jo explored not just the statutory requirements but also practical considerations, giving attendees a nuanced understanding of how BNG must be implemented in real-world scenarios. Jo considered Biodiversity Gain Plans to include their content, timing and approval, as well as practical points for applicants but also LPAs in considering BNG throughout the development control cycle. 

Additionally, Jo offered practical advice on negotiating Section 106 agreements for securing BNG provision – noting that whilst precedent agreements should not be drastically departed from there were a number of practical points to be considered and resolved.

Community Infrastructure Levy (CIL) – Practical considerations

Millie Cook, newly qualified solicitor, provided a practical overview of the Community Infrastructure Levy (CIL), explaining how local planning authorities can levy charges on new developments to fund infrastructure. Millie discussed key exemptions available under the CIL regulations - such as those for residential annexes, charitable relief, and self-build housing - but stressed the importance of applying for these exemptions before commencing development and/or implementing the relevant planning permission.

Millie also highlighted how existing floorspace in lawful use can offset CIL charges and reduce liability, provided it meets specific conditions. Millie looked at the issue of demonstrating a “lawful sue” but also the requirement for this having continued for 6 months in the relevant 3-year period prior to the grant of planning permission. Millie concluded with an interesting case study from West Berkshire Council, which has been making discretionary payments to developers who have been charged a full CIL liability but, absent omissions and/or errors in CIL paperwork, would have qualified for a full or partial exemption to, or reduction in, a CIL liability.

Compulsory Purchase Order (CPO) – Legislative and practical updates

CPO specialist, Catherine Hibbert, provided an essential update on the latest amendments introduced by the Levelling Up and Regeneration Act 2023 (LURA 23). Catherine’s session tackled real-world scenarios, focusing on how the new power to exclude hope value will affect landowners subject to a CPO. This change, aimed at facilitating the delivery of social infrastructure like affordable housing, has the potential to drastically reduce land acquisition costs for acquiring authorities, but it also raises concerns about landowners being fairly compensation for the land that has been (or is to be) compulsorily acquired from them.

Catherine further explored the new power for a “conditional CPO” to be made as well as changes to the Certificate of Appropriate Alternative Development (CAAD) regime and their respective impact upon Acquiring Authorities but also Claimant landowners..

Navigating planning reforms under the new Labour Government

Associate Ellie Hambling’s discussion of the Labour Government's proposed planning reforms introduced some of the most forward-thinking aspects of this year’s sessions. Ellie provided a granular analysis of the upcoming changes to the National Planning Policy Framework (NPPF), with a particular focus on the reintroduction of the 5-year Housing Land Supply requirement and the new “brownfield-first” approach to planning decisions.

Ellie also took a close look at the government’s proposed policy reforms concerning Green Belt land, particularly the proposed introduction of “grey belt” land. Delegates were keen to understand how the proposed policy reform would influence development potential across the South East and East Anglia.

Case Law update – Learning from recent High Court decisions

Finally, Michael Harman and Anna Becker finished the 2024 seminars with the ever-popular Case Law Update, highlighting recent cases of interest.

Michael considered Vistry Homes Ltd v SSLUHC and Fairfax Acquisitions Ltd v SSLUHC [2024] EWHC 2088, which although not making any new law, contained useful and interesting Judicial guidance as to various substantive planning law issues, particularly concerning proposed development in the Green Belt needing to overcome the “Very Special Circumstances” test. Michael also touched on planning appeal costs, and by reference to three recent cases, provided examples of unreasonable behaviour that justified an award of costs (Jomast, Datoo and Tee) but reminding the delegates that that unreasonable behaviour must also be causative of wasted and/or unreasonable costs in the appeals process (O’Connor).  

Anna’s review of the Lidl Great Britain Limited v East Lindsey District Council & Aldi Stores Limited [2024] EWHC 1641 case highlighted the Court’s role, whilst not to impart its own planning judgment and/or assessment of planning merit, is to ensure that decision-making is lawful, to include that all material considerations are properly identified, considered and applied.  Anna also discussed the Gurajena v London Borough of Newham [2024] EWHC 1745 case, which reinforced the importance of ensuring proper notification to neighbouring properties when a planning application is made, as well as considering the practical issues that arose in that case in and the “real-world” issues that may arise in practice if plans are not accurate and/or sufficiently precise (at submission stage but also decision stage).

Holmes & Hills Planning Law Department again thanks everyone for coming and look forward to the 2025 series of Planning Law updates.

In the meantime, if you have any queries or questions, please do not hesitate to contact any member of the Planning Law Department via their usual email or using the link below.